DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4715)

CRANE LIFT AUSTRALIA PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 AUGUST 2016

Application for approval of the Crane Lift Australia Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as Crane Lift Australia Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Crane Lift Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union, the Fair Work Commission was asked to approve the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The union submitted the agreement for approval, and the employer did not oppose its approval. The union argued that the agreement was fair and reasonable, while the employer remained silent on the matter. The central issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The Commission noted that, while the employer did not oppose the agreement, it was still necessary to assess whether the agreement was fair and reasonable. The Commission considered the process by which the agreement was made, including whether the union had followed the necessary procedures, and whether the agreement met the requirements for coverage, bargaining, and fairness. The Commission was satisfied that the agreement met all the necessary criteria for approval. It found that the agreement was fair and reasonable, and that it met the requirements of the Act.

The Commission approved the agreement, finding that it was made in good faith and in accordance with the relevant provisions of the Act. The agreement sets out the terms and conditions of employment for workers in the mobile crane hiring industry, including wages, hours of work, and other employment-related matters. The Commission found that the agreement provided for a fair and reasonable outcome for both parties, and that it would promote harmonious, productive, and cooperative workplace relations. The Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties, and on its assessment of the agreement against the relevant legal criteria. The agreement was approved, and will now be binding on the parties for the period specified in the agreement.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established